An unknown neighbor or neighbors and myself, have smelled pot a few times. I did not think anything about it, it doesn't bother me. Then the police knocked on my door. Said there have been reports of marajuana smell coming out of MY apartment. I invited the cop in and told him to check every room. He did and said "I don't smell anything" and he left.
3 days later the landlord comes by and tells me people are complaining about us (my wife and me) smoking pot. We assurred her it was not us and she left. Thought everything was OK, until my wife comes home crying, saying that the landlord stopped by her work and told us that there are too many complaints about the "smell" and we have to be out in 3 days. This is our 3rd week in this apt. We are not smoking pot "honestly" Do I need a lawyer? I know she can't make us leave in 3 days. HELP WHAT SHOULD I DO?

Actually she may be able to. Many leases have clauses that prohibit illegal activity. So smoking pot, may be considered a breach of the lease and they may be able to force a termination of the lease because of it.

For us to know what the landlord can do we need to know where you are (ANY question on law needs to include your general locale as laws vary by area. ) But there are some things that are general.

Any request to vacate needs to be in writing. So just telling your wife to vacate is not sufficient. If you refuse to move, the landlord will have to go to court for an eviction order. This means you will get a hearing. You need to get a copy of the police report. I would also contract with a lab to have a drug test done on you both.

You then go into the hearing with the police report and the drug test. Hopefully the court will see its not you and deny the eviction order.

Quote:

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Originally Posted by ScottGem

... If you refuse to move, the landlord will have to go to court for an eviction order. ...

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Again, assuming, of course, that

• the lease allows for termination if illegal activity is going on; and
• the landlord gives due notice to quit.

Why is honestly in quotes?

You guys are missing the point, IM INNOCENT I do not smoke pot. "honestly" meaning seriously...
I just want to know if I can fight this. I got the police report saying that it was a bogus claim. Now I'm told that whoever got me evicted can be sued for slander. I talked to my lawyer today, and he said he don't move and let it go to court, but he doesn't handle things like this, but he knows for a fact that she cannot give me 3 days to leave. What do you guys think? Should I just move? She offered my deposit back if I leave in 3 days, but that tells me she doesn't have a leg to stand on. My landlord is a lawyer. She knows the law and she's trying to hush hush this away. I assured her that she is making a mistake. We are being wrongly accused and she needs to find out what is really going on.

Quote:

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Originally Posted by KakoJr01

We are being wrongly accused and she needs to find out what is really going on.

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That's what I am wondering. Does another tenant or even the landlord have a different axe to grind with you but is using the pot smell to get rid of you and your wife?

Do you know or suspect which tenant is the pot smoker?

The landlord will have to give you a "written" three day notice, and if you do not move, they will file an eviction with the court. At court you can defend yourself.

If you are not guilty inform them that they are wrong and have no proof

I don't think we are missing the point. But your lawyer is partially wrong. She certainly CAN give you 3 days to leave. What she MAY not be able to do is enforce it. There is a difference in what a person can do and what the law allows them to do.

Also we asked you several questions. Like what does the lease say about illegal activity and your general locale. If you want us to be more definitive in our advice you need to provide the info we asked for.

If you are innocent, you will need to prove that (this is civil not criminal). The police report will help, a drug test will also help. But you need to also know what your lease says. Because that could give the landlord an excuse.

As for slander, you would need to know exactly what was said. For example, if the neighbor said I am bothered by the smell and it appears to be coming from their apartment, or, the smell only started after they moved in I doubt if you could make a case. But if they said, I saw them smoking or something more definitive, then you may have a case.

Why would you want to stay when the landlord (and other tenants) so very obviously want you to leave? "Your lawyer" is obviously far more familiar with State Law than we are - because we don't know where you are.

Why don't you believe him/her?

Is something else at play here? I'm a landlord. I do everything I can to keep good tenants. That includes evicting tenants who accuse other tenants of illegal activity or run back and forth with "stories." No landlord is in a big hurry to evict and then re-rent. What else is going on?